A teacher from the Eastern Cape has won a promotion dispute after the Education Labour Relations Council (ELRC) ruled that he was unfairly overlooked for the head of department position, despite having a significantly higher score than the appointed candidate.
Tembani Ngkele, acting through the South African Democratic Teachers Union (SADTU), challenged the decision not to appoint him as the Head of English Department at Fezeka Primary School in Peddie.
Ngkele scored 92 during the interview, while Yamkelani Pikok, who ultimately received the position, scored 80 and placed second.
The ELRC determined that the Eastern Cape Education Department acted unfairly both procedurally and substantively by denying Ngkele the appointment.
The department is now ordered to reverse Pikok's appointment and promote Ngkele to this position effective September 1, 2026.
Teacher was the best candidate
Ngkele stated in arbitration that he has been working for the Eastern Cape Education Department since 2020 and was appointed as a Post Level 1 educator in May 2021. He applied for the head of department position and attended the interview in August 2025.
According to available data, five candidates were on the shortlist, although only four attended the interview. Ngkele was the highest-scoring candidate—92 points, while Pikok scored 80 and came in second.
Ngkele reported that the director later informed him of his failure and that Pikok had taken the position. He testified that the director told him he was first but that the school wanted someone from outside.
Ngkele argued that his application was unfair because he was the top-scoring candidate based on the interview results.
Director allegedly opposed internal candidates
The ELRC heard testimony from selection committee members, who reported that the director expressed objections to internal candidates even before the interviews began. Bulwela Ngesi, the chairperson of the interview panel, testified that the director told the committee that no candidate from Fezeka Primary School should be considered for the position due to a lack of teachers at the school.
Ngesi recounted that the director became angry when Ngkele emerged as the highest-scoring candidate. According to her, the director questioned why the committee did not follow his instruction and insisted on appointing Pikok, who placed second.
Ngesi noted that there were no obstacles to appointing an internal candidate, and that Ngkele performed very well during the interview.
SADTU challenged the appointment
Another witness, Pumza Bonkolo, who was an SADTU observer during the hiring process, provided similar testimony. She testified that the director became concerned after the scores were tallied and questioned why Ngkele received the highest score. Bonkolo said the director insisted on appointing Pikok. She objected to the process and opined that the selection was not conducted freely and fairly.
The ELRC also learned that Bonkolo was later instructed by an official SADTU representative to withdraw her objection from the ratification form. She maintained that Ngkele was unjustly denied because he was the highest-scoring candidate.
Department cited teacher shortage
The Department of Education defended Pikok's appointment, arguing that both candidates met the minimum requirements for the advertised position. Its witnesses did not dispute that Ngkele scored 92 and Pikok scored 80.
However, the department insisted that the School Management Committee decided during the ratification process to recommend Pikok due to teacher shortages at Fezeka Primary School. The department's witnesses stated that two teachers left the school in 2025, contributing to the shortage. They argued that the decision was based on the school's curriculum needs, and that appointing someone from outside would help solve the staffing problem.
Evidence was also presented showing that some primary students were taught by educators without the appropriate qualifications due to staff shortages.
ELRC found hiring process unfair
The ELRC was not convinced by the department's explanation. The commission noted that Ngkele's evidence, as well as the testimony of his witnesses, was not adequately challenged during cross-examination. The commission took into account Ngkele's evidence that the director told him he was the highest-scoring candidate but that the school wanted someone from outside, which was corroborated by the testimony of three witnesses.
The commission also considered evidence that the director told the selection committee members that internal candidates should not be considered. Under the ruling, the fact that another internal candidate was included in the shortlist but did not attend the interview also raised suspicion that the candidate might have known the director's stance.
The ELRC further rejected the argument that teacher shortages justified treating Ngkele unfairly. The commission found that the shortage had existed for years and, in its view, could not be presented as justification for subjecting Ngkele to unfair treatment.
Appointment was biased and unfair
The ELRC concluded that the department failed to follow a fair process in appointing Pikok over Ngkele. The commission found that Pikok was not the most suitable candidate based on the interview process and concluded that the department used its discretion 'in a biased, unfair, capricious, and unlawful manner.' The commission stated that Ngkele proved he was the best candidate for the position.
The commission also relied on previous labour law principles requiring employers to adhere to objective standards and criteria for promotions and to ensure fair opportunity for qualified employees to compete for positions.
Department ordered to reverse appointment
Ultimately, the ELRC found that the denial of Ngkele was both procedurally and substantively unfair. It ruled that the Eastern Cape Education Department engaged in unfair labour practice regarding promotion by not appointing Ngkele and instead appointing Pikok. The department was ordered to reverse Pikok's appointment as Head of English Department at Fezeka Primary School. Ngkele was also ordered to be promoted to this position effective September 1, 2026. The ELRC made no ruling on costs.